ICANN Address Supporting Organization (ASO) MoU
| Attachment B)
Under this agreement between ICANN and the Number Resource Organization (NRO), the NRO shall fulfill the role, responsibilities and functions of the ASO as defined within the ICANN Bylaws as referenced at [ICANN-BYLAWS].
This MoU is established for the purposes of:
- defining roles and processes supporting global policy development, including the relationship between the Internet addressing community (represented by the NRO) and ICANN within the operation of this process;
- defining mechanisms for the provision of recommendations to the Board of ICANN concerning the recognition of new RIRs; and
- defining accessible, open, transparent and documented procedures for the selection of individuals to serve on other ICANN bodies, including selection of Directors of ICANN and selection of members of various standing committees and ad hoc ICANN bodies.
3. Address Council
The ASO Address Council shall consist of the members of the NRO Number Council.
The ASO Address Council is responsible for the organizational roles of:
1. undertaking a role in the global policy development process as described in attachment A of this document.
2. providing recommendations to the Board of ICANN concerning the recognition of new RIRs, according to agreed requirements and policies as currently described in document [ICP-2].
3. defining procedures for selection of individuals to serve on other ICANN bodies, in particular on the ICANN Board, and implementing any roles assigned to the Address Council in such procedures.
4. providing advice to the Board of ICANN on number resource allocation policy, in conjunction with the RIRs.
5. developing procedures for conducting business in support of their responsibilities, in particular for the appointment of an Address Council Chair and definition of the Chair's responsibilities. All such procedures shall be submitted to the Executive Council of the NRO for approval.
The ASO Address Council shall admit liaisons from emerging Regional Internet Registries and liaisons from other ICANN entities.
All liaison positions shall be determined by liaison agreements as shall be made in writing with the NRO, based on the recognition of mutual benefit.
All Liaison positions will be non-voting.
- Removal of Address Council Members
An ASO Address Council member may resign at any time by giving written notice to the ASO Address Council, the NRO Secretariat, and the ICANN Secretary. An ASO Address Council member originating from a particular RIR region may be removed by that region according to its published procedures. A vacancy on the ASO Address Council shall be deemed to exist in the case of the death, resignation, or removal of any member. When a vacancy occurs the position shall be filled by an interim appointment by the RIR for the affected region. This interim appointment shall be for the period until the next scheduled election for the ASO AC in that region at which time if there is any remaining time in the term the position shall be filled by election. The RIR of the affected region shall give written notification of these activities to the NRO Secretariat and the ICANN Secretary.
- Compensation and Reimbursement
No member of the Address Council shall receive any compensation for his or her services as a member of the Address Council. Address Council members shall, however, at their request, be reimbursed by the NRO for actual, necessary, and reasonable travel and subsistence expenses incurred by them in the performance of their duties.
The NRO will provide all Secretariat services to support functions described by this agreement.
5. Global Policy Development Process
Global policies are defined within the scope of this agreement as Internet number resource policies that have the agreement of all RIRs according to their policy development processes and ICANN, and require specific actions or outcomes on the part of IANA or any other external ICANN-related body in order to be implemented.
Global policies will be developed in the context of this agreement, according to the processes defined by attachment A to this MoU.
Under this agreement the ICANN Board will ratify proposed global policies in accordance with the Global Policy Development Process, using review procedures as determined by ICANN. ICANN will publish these procedures no later than ninety (90) days from the date of the signature of this agreement by all parties.
6. Service Regions
The regions serviced by each RIR shall be defined by the RIRs in a manner of their choosing. The NRO shall ensure that all possible service areas are encompassed.
In the event that the NRO is in dispute with ICANN relating to activities described in this MoU, the NRO shall arrange arbitration via ICC rules in the jurisdiction of Bermuda or such other location as is agreed between the NRO and ICANN. The location of the arbitration shall not decide the laws to be applied in evaluating this agreement or such dispute.
8. Periodic Review of the ASO
With reference to the provisions of Article IV, Section 4 of the ICANN ByLaws [ICANN-BYLAWS], the NRO shall provide its own review mechanisms.
9. Periodic Review of the MoU
The MOU signatories will periodically review the results and consequences of their cooperation under the MOU. When appropriate, the signatories will consider the need for improvements in the MOU and make suitable proposals for modifying and updating the arrangements and scope of the MOU. This MOU may only be amended or supplemented in writing, signed by the parties.
10. Other provisions
From the date of signature this agreement supercedes and replaces the MoU signed between ICANN, APNIC, ARIN and RIPE NCC 18 October 1999, amended in January 2001, and the subsequent inclusion of LACNIC by Joinder in October 2002.
Nothing in this MOU shall be construed to create between or among any of the parties a partnership, joint venture, or impose any trust or partnership or similar duty on any party, including as an agent, principal or franchisee of any other party.
Other than as provided for in this MOU, the parties shall not be bound by or be liable for, any statement, representation, promise, agreement or other binding commitment of any kind on behalf of any other party, without that party’s prior written consent.
The non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of a power or right to preclude any other or further exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
No party may transfer or assign any or all of its interest, rights or obligation arising under this MOU without the prior written consent of each other party to this MOU.
12. Referenced Documents
ICP-2: Criteria for Establishment of New Regional Internet Registries Published by ICANN 7 July 2001.
BYLAWS FOR INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS A California Nonprofit Public-Benefit Corporation As amended effective 26 June 2003
IN WITNESS WHEREOF, this Memorandum of Understanding is executed this 21st day of October 2004 by the undersigned, acting through their duly authorized representatives:
INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS
Dr. Paul Twomey
President and Chief Executive Officer
NUMBER RESOURCE ORGANIZATION
Chair, Executive Council
ASIA PACIFIC NETWORK INFORMATION CENTRE
AMERICAN REGISTRY FOR INTERNET NUMBERS
Raymond A. Plzak
President and Chief Executive Officer
LATIN AMERICAN AND CARIBBEAN INTERNET ADDRESSES REGISTRY
Executive Director – CEO
RÉSEAUX IP EUROPÉENS NETWORK COORDINATION CENTRE